Kalvakuntla Kavitha Vs Directorate of Enforcement (Supreme Court of India)
The Supreme Court considered appeals challenging the Delhi High Court’s order refusing bail to the appellant in proceedings arising under the Prevention of Money-Laundering Act, 2002 (PMLA). At the outset, the Court noted the submission of the Additional Solicitor General that detailed discussion on the merits should be avoided so as not to prejudice the trial, and accordingly refrained from making observations on the merits of the allegations.
The appellant submitted that there was no material implicating her in the offences alleged and that, in the connected cases, the complaint and charge-sheet had already been filed, rendering further custodial interrogation unnecessary. Reliance was placed on the Supreme Court’s decision in Manish Sisodia v. Directorate of Enforcement, contending that the present case also involved approximately 493 witnesses and around 50,000 pages of documents, making early completion of the trial unlikely. It was further submitted that no proceeds of crime had been recovered from the appellant and that, being a woman, she was entitled to the benefit of the proviso to Section 45(1) of the PMLA. The respondent opposed the appeals, relying upon witness statements and statements recorded under Sections 50 of the PMLA and 164 of the Code of Criminal Procedure, and contended that the appellant had tampered with evidence, influenced witnesses and formatted her mobile phone to destroy evidence.
